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My Mother passed away and named five beneficiaries in her will. Before her house was sold, my sister, one of the five, passed away intestate. She has two adult children. Now, my sister’s son is refusing to sign to sell my mother’s house. Can my mother’s Executor sell the house without my nephew’s signature? (My nephew... |
Do all heirs have to sign to sell inherited real estate In West Virginia? |
Assume two individuals A and B make an oral contract, say A waives unpaid child support in exchange for B buying a house for their children to live at in perpetuity. Both parties follow through, but later B decides to sell the home and evict the children so B can solely financially benefit.
What sort of lawyer would... |
What sort of lawyer can help enforce unconventional non-business oral contracts? |
> What sort of lawyer would have the expertise needed to help A enforce the oral contract effectively?
None.
That contract would not be enforceable even if it was in writing.
Child support payments are mandated for the benefit of the children: A was not in the position to "waive" or "exchange" them in the fir... |
> The land has no HOA and no covenants
I get the impression you've been spending too much time around HOAs and are accustomed to dealing with their nonsense. Get out. Never go back. **But that does not mean freedom.**
Feds have laws. States have laws. Counties and cities have ordinances. They're laws - they app... |
Let's consider the following scenario, taking place in an American state where self defense in defense of property and castle laws are in effect.
An intruder onto a man's property is mauled to death by his dogs. The man promptly lodges an application for an emergency injunction against the local/state animal control... |
Let's consider the following scenario, taking place in an American state where self defense in defense of property and castle laws are in effect.
An intruder onto a man's property is mauled to death by his dogs. The man promptly lodges an application for an emergency injunction against the local/state animal control... |
## Three options
### 1 - It's a DMCA
Some copyright holder contacted your ISP with an IP (and most likely a time stamp) and said something like: "This connection at this time is uploading, offering, or downloading material we have copyrighted. Make it stop under DMCA." Of course much more elaborate. The ISP in turn... |
So I live in Switzerland, but have British and Italian dual citizenship. I want to change my name and gender legally everywhere or at the very least on official documents here in Switzerland. I may be wrong but I think I would need to change both my UK and Italian IDs to be allowed to change the info on my C permit.
... |
## Three options
### 1 - It's a DMCA
Some copyright holder contacted your ISP with an IP (and most likely a time stamp) and said something like: "This connection at this time is uploading, offering, or downloading material we have copyrighted. Make it stop under DMCA." Of course much more elaborate. The ISP in turn... |
As per the Constitution of India, Marriage is in the concurrent list. Thus, both the [Union][1] and the State can make laws on Marriage. The Union Government Law supersedes the state in case of ambiguity.
The [Hindu Marriage Act][2] (a Union government law) does not allow polygamy.
However, this [skeptics.SE ... |
What laws apply to having credit for customers?
A business asks customers to put in money to get credit, and then customers use this credit to buy from the company. The credit can remain indefinitely in the business, and customers can withdraw it at any time.
There is probably better terminology to describe this ... |
Hypothetical:
Someone gave me an elephant and told me not to give it away or sell it.
I don’t have the capability to take care of this thing. Heck, I don’t have any license or permit for elephants. I’m not a zookeeper or anything.
Isn’t it illegal to give this elephant to me? |
Someone gave me an elephant. Isn’t this illegal? |
So I live in Switzerland, but have British and Italian dual citizenship. I want to change my name and gender legally everywhere or at the very least on official documents here in Switzerland. I may be wrong but I think I would need to change both my UK and Italian IDs to be allowed to change the info on my C permit.
... |
Text of MIT License is as follows:
> Permission is hereby granted, free of charge, to any person obtaining
> a copy of this software and associated documentation files (the
> "Software"), to deal in the Software without restriction, including
> without limitation the rights to use, copy, modify, merge, publish,
... |
What is the definition of "substantial portions of Software" that is used in MIT License? |
Text of MIT License is as follows:
> Permission is hereby granted, free of charge, to any person obtaining
> a copy of this software and associated documentation files (the
> "Software"), to deal in the Software without restriction, including
> without limitation the rights to use, copy, modify, merge, publish,
... |
> The land has no HOA and no covenants
I get the impression you've been spending too much time around HOAs, or at least around Reddit lol. Get out. Never go back. **But that does not mean freedom.**
Feds have laws. States have laws. Counties and cities have ordinances. They're laws - they apply to *all activity... |
> The Union Government Law supersedes the state in case of ambiguity ... What exactly is the status of polygamy for hindus in Goa?
The Union law need not necessarily supersede the state law. *Article 254(2)* of the indian constitution allows state laws to exist, even when it conflicts with central laws, if the centr... |
Say Adam the accuser is taking Dave the Defendant to court. If Dave loses in his local district, I've heard that he can appeal the decision and be re-tried in a higher court (all the way to the Supreme Court, theoretically). But is the opposite also possible? I.e. if Dave is acquitted, is Adam allowed to re-try him in ... |
In the 1800s, ten-pin bowling was invented as a way to circumvent the ban on nine-pin bowling that was placed by all states except Texas. However, ten-pin bowling was not banned by any state. I don't see any difference in the two sports other than the number of pins, so I think any reason applicable to one should be ap... |
Say I take an extended trip to Japan and stay there for a few years. Then I come back to my home in the California to find missed Jury Duty summons in the mail. Am I liable for missing all that Jury Duty and not responding to any of it? What is one supposed to do if they want to take an extended trip somewhere? Or is o... |
If I am out of the country for a long time, am I liable for missed Jury Duty? |
[Dr. Bower attempted to buy][1] and later did buy Pink IPA from Brewdog, but was not allowed to do so because he looked male.
As they maintained this criterion that negatively impacted not only Dr. Bower, but indeed all cis-identified males, are any males entitled to claim against Brewdog Plc until 2024, even thoug... |
Can someone claim compensation for discrimination even if they weren't personally affected by it? |
Bob brings an application in a first tier tribunal (property chamber). He is asked a question during the hearing pursuant to his witness statement which he feels is irrelevant to the proceedings. Perhaps this question is asked by the tribunal judge, or perhaps by his opponent’s litigant, On cross examination. Is Bob ob... |
What power does a first tier tribunal have to compel testimony? |
In criminal trials I understand that one can specify a list of witnesses that a court will try to reach, but are they compelled to assist the trial with their participation?
Now what if it is a civil matter that someone had witnessed relevant events in? And the claimant (or for that matter either of the parties) wou... |
How can a witness to a civil matter be invited, called or compelled to give testimony? |
Bob brings an application in a first tier tribunal (property chamber). He is asked a question during the hearing pursuant to his witness statement which he feels is irrelevant to the proceedings. Perhaps this question is asked by the tribunal judge, or perhaps by his opponent’s litigant, On cross examination. Is Bob ob... |
I live in Jackson County, Illinois. I failed to check if there was an easement before buying my house, and got saddled with a 50-foot-wide ingress/egress easement. I know this is unusual, but it really isn't a utility easement. The owner apparently gave himself the easement when he sold the land to the people I bought ... |
Can I build on an easement? |
Say that I spend a few years traveling the world, visiting Europe, Asia, Africa, etc.. Then I come back to my home in the California to find missed Jury Duty summons in the mail. Am I liable for missing all that Jury Duty and not responding to any of it? What is one supposed to do if they want to take an extended trip ... |
## Witnesses are [subpoenaed][1] ##
The party who wishes to call the witness asks the court for a subpoena, the court issues it, the party serves it on the witness, and the witness must attend court on the day and give evidence or be arrested for contempt.
A good lawyer does this even for witnesses who would have... |
> What is one supposed to do if they want to take an extended trip somewhere? Or is one basically not allowed to take such trips if they are a US citizen eligible for Jury Duty?
In the US you are not required to seek permission to travel, or prove your past whereabouts to the government if you happen to miss some ci... |
1. What laws apply to companies that wish to issue their own prepaid cards?
- The cards can only be used to buy goods/services from the company
- The cards are refundable, and the remaining balance can be returned.
2. Will it work differently with cryptocurrency? |
What permits needed for a company to issue it's own prepaid card? |
> What is one supposed to do if they want to take an extended trip somewhere? Or is one basically not allowed to take such trips if they are a US citizen eligible for Jury Duty?
In the US you are not required to seek permission to travel, or prove your past whereabouts to the government if you happen to miss some ci... |
I was told by a friend studying Law, that for a country to submit a Mutual Legal Assistance Treaty (MLAT) request there would be certain criteria that must first be met. If they are not met, the MLAT would not be accepted.
Firstly, the crime has to be considered a crime in both jurisdictions.
Secondly, the minim... |
Just hypothetically, if someone felt they could qualify for refugee status but that there may be other feasible ways for them to try to move to another country as well, would there be any reason for them to choose to pursue refugee status merely because of additional benefits like social services, better terms on their... |
Does refugee status sometimes have civic benefits over normal citizenship? |
Say that Bob wrote a paper that consists of the word, "industrialised". This is how the British english word is spelled. Now, say that Jerry wants to quote Bob on his paper. But Jerry speaks American english, and so he spells the word, "industrialized". Jerry changes the word to the American version. Can Bob take legal... |
Is it Misrepresentation of Intellectual Property to change the dialect of the same language? |
Say that Bob wrote a paper that consists of the word, "industrialised". This is how the British English word is spelled. Now, say that Jerry wants to quote Bob on his paper. But Jerry speaks American English, and so he spells the word, "industrialized". Jerry changes the word to the American version. Can Bob take legal... |
Under [28 USC 1866][1]
> (g) Any person summoned for jury service who fails to appear as
> directed may be ordered by the district court to appear forthwith and
> show cause for failure to comply with the summons. Any person who
> fails to show good cause for noncompliance with a summons may be fined
> not more ... |
[tag:connecticut]
There was a [law in Hartford CT][1] which says
> Every person who shall keep in his custody or possession, or in any
> house, or building, or its appurtenances, or in any place in his
> occupation, any ninepin alley, so called, or a place for playing
> bowls, skittles, or ninepins, whether mo... |
Listen carefully: this gets complicated.
I really like a board game. This game includes artistic references (as parody) to a well-known movie.
I wanted to improve the pieces of the board game (which were 2-dimensional) to augment my own experience playing it. This led me to create a 3D printable model of a ship f... |
## It's against the Minor Offense Act if you don't have a good reason.
A [2009 issue of Tokyoweekender offers this column:](https://www.tokyoweekender.com/2009/08/in-the-right/)
> Are there any substances that are legal to carry in the West (e.g. Mace or pepper spray), but are illegal to carry in Japan, even if you c... |
## It's against the Minor Offense Act if you don't have a good reason.
A [2009 issue of Tokyoweekender offers this column:](https://www.tokyoweekender.com/2009/08/in-the-right/)
> Are there any substances that are legal to carry in the West (e.g. Mace or pepper spray), but are illegal to carry in Japan, even if you c... |
## It's against the Minor Offense Act if you don't have a good reason.
A [2009 issue of Tokyoweekender offers this column:](https://www.tokyoweekender.com/2009/08/in-the-right/)
> Are there any substances that are legal to carry in the West (e.g. Mace or pepper spray), but are illegal to carry in Japan, even if you c... |
## It's against the Minor Offense Act to carry pepper spray if you don't have a good reason.
A [2009 issue of Tokyoweekender offers this column:](https://www.tokyoweekender.com/2009/08/in-the-right/)
> Are there any substances that are legal to carry in the West (e.g. Mace or pepper spray), but are illegal to carry i... |
I really like a board game. This game includes artistic references (as parody) to a well-known movie.
I wanted to improve the pieces of the board game (which were 2-dimensional) to augment my own experience playing it. This led me to create a 3D printable model of a ship from the movie that modeled the parody's artw... |
The criteria for mutual legal assistance (extradition) depends on the specific treaty. This is reflected in Canada's implementing legislation, the [*Mutual Legal Assistance in Criminal Matters Act*][2]. It defines "offence" to mean "an offence within the meaning of the relevant agreement."
For [the treaty between Ca... |
The criteria for mutual legal assistance (extradition) depends on the specific treaty. This is reflected in Canada's implementing legislation, the [*Mutual Legal Assistance in Criminal Matters Act*][1]. It defines "offence" to mean "an offence within the meaning of the relevant agreement."
For [the treaty between Ca... |
The first criterion you mention is in every extradition treaty that I am aware of. It is the "[double criminality][1]" requirement.
The second criterion is about the seriousness of offences and depends on the specific treaty. This is reflected in Canada's implementing legislation, the [*Mutual Legal Assistance in Cr... |
> because of additional benefits like social services, better terms on their period of stay, etc.? Do refugees have any perks above that of non-refugee citizens?
The main advantage of refugee status is that the authorities of the country of refuge are not allowed to send the refugee back to the country of citizenshi... |
> because of additional benefits like social services, better terms on their period of stay, etc.? Do refugees have any perks above that of non-refugee citizens?
The main advantage of refugee status is that the authorities of the country of refuge are not allowed to send the refugee back to the country of citizenshi... |
Wizards of the Coast, in their [draft Open Gaming License 1.2](https://www.dndbeyond.com/attachments/39j2li89/OGL1.2_DraftForDiscussionPurpose.pdf) include the following notice:
> NOTICE OF DEAUTHORIZATION OF OGL 1.0a. The Open Game License 1.0a is no longer an authorized license. This means that you may not use tha... |
Can Wizards of the Coast Deauthorize OGL 1.0a? |
In the case "Raising Cane's USA, LLC et al v. Twins Chicken Inc", Plaintiff delivers a summons and Defendant appears to never reply. After 3 months, Plaintiff voluntarily withdraws their case instead of pursing the default judgement after 21 days of non-response per FRCP 12(a)(1).
I'm not a lawyer so these might be ... |
Say that I spend a couple of years outside the USA. Then I come back to my home in the California to find that I missed a Jury Duty summons.
Am I liable for missing Jury Duty and not responding to any of it? What is one supposed to do if they want to take an extended trip somewhere? Or is one basically not allowed t... |
Has anyone been charged for stealing their own stuff? |
The second criterion is about the seriousness of offences and depends on the specific treaty. This is reflected in Canada's implementing legislation, the [*Mutual Legal Assistance in Criminal Matters Act*][2]. It defines "offence" to mean "an offence within the meaning of the relevant agreement."
For [the treaty bet... |
[Tag:england-and-wales]
Has anyone been charged for stealing their own stuff?
Yes, if it can be shown that someone else also had lawful joint-possession at the time. But it's not clear, to me, from the question whether the storage unit manager falls in to this category - assuming she does, the relevant case law ... |
[Tag:england-and-wales]
Has anyone been charged for stealing their own stuff?
Yes, if it can be shown that someone else also had lawful joint-possession at the time. But it's not clear, to me, from the question whether the storage unit manager falls in to this category - assuming she does, the relevant case law ... |
My ex gave me a gaming laptop about six and a half months ago. He told me straight ward that he was giving me the laptop. I even offered money to him for it and he denied it. Now he's saying he needs it to do work and he only let me "borrow" it, not have it. But he literally told me he was giving it to me because he ne... |
Can my ex take back a laptop he gave me? |
My ex gave me a gaming laptop about six and a half months ago. He told me straight ward that he was giving me the laptop. I even offered money to him for it and he denied it. Now he's saying he needs it to do work and he only let me "borrow" it, not have it. But he literally told me he was giving it to me because he ne... |
## A gift with conditions subsequent is not a gift ##
>Someone gave me an elephant and told me not to give it away or sell it.
What we have here is not a gift - a gift is unconditional. A gift requires three things: intent of the gifted, transfer of the property, and acceptance by the gifted. It also can’t come w... |
## Yes, they can ##
The 1.0a licence is a contract that was offered for acceptance to the public. Anyone who has accepted that offer for a particular product has entered a binding contract with WotC. However, WotC is under no obligation to continue making that offer and they have explicit revoked it - no one can acc... |
My ex gifted me a gaming laptop about six and a half months ago. He told me straight ward that he was giving me the laptop. I even offered money to him for it and he denied it. Now he's saying he needs it to do work and he only let me "borrow" it, not have it. But he literally told me he was giving it to me because he ... |
Can my ex take back a laptop he gifted to me? |
This [criminal law attorney](https://fresnocriminallawyer.com/what-does-possession-is-9-10-of-the-law-mean/) says
> **What Does Possession is 9/10 of the Law Mean?**
>
> The phrase essentially means that when you physically possess something you have a stronger legal claim to it than someone who just claims own... |
Suppose someone "A" has a storage unit, and was told by the manager to remove their belongings by a certain date.
"A" was then notified that the manager was leaving early and not allowed to come back. If "A" comes back later and there is a lock on the unit, cuts the lock and removes what belongings he could, is this... |
[Tag:england-and-wales]
Has anyone been charged for stealing their own stuff?
Yes, if it can be shown that someone else had lawful joint-possession at the time. But it's not clear, to me, from the question whether the storage unit manager falls in to this category - assuming she does, the relevant case law is *R... |
This [criminal law attorney](https://fresnocriminallawyer.com/what-does-possession-is-9-10-of-the-law-mean/) says
> **What Does Possession is 9/10 of the Law Mean?**
>
> The phrase essentially means that when you physically possess something you have a stronger legal claim to it than someone who just claims own... |
I’ve read a number of tenant advice materials that caution that landlords frequently lie at court and so one really has to be prepared for this to potentially happen.
Meanwhile, I have read a number of civil court decisions where judges quite convincingly articulated their suspicions of a party to the case having b... |
How common actually are perjury proceedings? |
Say that I spend a few years traveling the world, visiting Europe, Asia, Africa, etc.. Then I come back to my home in the California to find missed Jury Duty summons in the mail. Am I liable for missing all that Jury Duty and not responding to any of it? What is one supposed to do if they want to take an extended trip ... |
Say that I spend a few years traveling the world, visiting Europe, Asia, Africa, etc.. Then I come back to my home in the California to find missed several Jury Duty summons in the mail.
Am I liable for missing all that Jury Duty and not responding to any of it? What is one supposed to do if they want to take an ex... |
Suppose a case comes to you and you are to weigh the crime on the part of plaintiff and that of defendant and then to pass on a verdict. How would you decide ... Case below
_________________
Suppose a boy made an MMS video of a girl taking bath and then asked her of sexual favours with a threat to circulate the... |
Suppose a case comes to you and you are to weigh the crime on the part of plaintiff and that of defendant and then to pass on a verdict. How would you decide ... Case below
_________________
Suppose a boy made an MMS video of a girl taking bath and then asked her of sexual favours with a threat to circulate the... |
Natural law does not prescribe particular punishments, that only comes from statutory law. Under [Indian law][1], this would seem to be a violation of IPC 304a, "causing death by negligence". There is no intent to cause great injury, indeed it is a complete mystery why the boy died. The penalty is up to two years impri... |
A recent question addresses EU law allowing resale of software licenses. I asked on that answer, “ Does this mean that you could transfer one time or subscription purchases of apps from mobile app stores from one account to another and that Apple must allow and facilitate this?”
How does this apply to App Store purc... |
Must apple facilitate transfer of app purchases from one user account to another? |
I am not a lawyer, but I'm intrigued by how, in international contracts, parties can agree to the jurisdiction under which the contract falls. My question is rather simple: can two parties agree to contract under an arbitrary jurisdiction? Even if neither parties have any link to those? For example, if a UK company get... |
Can parties agree on arbitrary jurisdiction for a contract? |
A recent question addresses EU law allowing the resale of software licenses. I asked on that answer, “ Does this mean that you could transfer one-time or subscription purchases of apps from mobile app stores from one account to another and that Apple must allow and facilitate this?”
How does this apply to App Store ... |
Must Apple facilitate transfer of app purchases from one user account to another? |
Some products have disclaimers that serve no apparent purpose or which are obviously redundant. For example, a peanut butter jar that lists the ingredients as _peanuts_, and then provides a warning right under it which says _may contain peanuts_.<sup>\*</sup>
If a company sells a product without such a warning, what... |
I am not a lawyer, but I'm intrigued by how, in international contracts, parties can agree to the jurisdiction under which the contract falls. My question is rather simple: can two parties agree to contract under an arbitrary jurisdiction? Even if neither parties have any link to those? For example, if a UK company get... |
Say Bob was murdered at a coffee shop, and Jerry was a witness at the scene. At the trial, he is under oath, and gives his testimony. In his testimony, he explicitly claims that he was watching America's Funniest Home Videos up to the point when the murderer entered the shop.
Later in the trial, video evidence, whi... |
Is lying at all in a testimony considered perjury? |
Say Bob was murdered at a coffee shop, and Jerry was a witness at the scene. At the trial, he is under oath, and gives his testimony. In his testimony, he explicitly claims that he was watching America's Funniest Home Videos up to the point when the murderer entered the shop.
Later in the trial, video evidence, whi... |
## A gift with conditions subsequent is not a gift ##
>Someone gave me an elephant and told me not to give it away or sell it.
What we have here is not a gift - a gift is unconditional. A gift requires three things: intent of the gifted, transfer of the property, and acceptance by the gifted. It also can’t come w... |
There's quite a scandal going on in Switzerland about secret government information that was leaked to the press during the pandemic. Some government employees apparently have mailed information about internal documents to a certain newspaper.
Freedom of the press is a high-ranked value in a democracy, but can the ... |
Freedom of the press regarding secret government information? |
[Tag:england-and-wales]
[Section 1](https://www.legislation.gov.uk/ukpga/Geo5/1-2/6/section/1?timeline=false)
Perjury Act 1911 says that:
> (1) If any person lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully makes a statement material in that proceeding, which he knows to be false ... |
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